FAQs EMPLOYER SPONSORSHIP
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Content within this section was last updated 10 October2023
Q: Can my licence be revoked after it has been granted?
A: Yes. Certain circumstances can lead to your licence being revoked. If this happens it will be revoked in all the tiers, categories and sub-categories under which you are licensed. For information on the circumstances in which UKVI will revoke your sponsor licence, see Annex C1 of Guidance for Sponsors Part 3: Sponsor Duties and Compliance. For information on the circumstances in which they may revoke your sponsor licence, see Annex C2. UKVI do not define in which exceptional circumstances they will not revoke your sponsor licence but when one of the circumstances listed in Annex C2 applies, they view this as a serious issue and will look for evidence that you were either not responsible for what happened or, if you were, you took prompt action to remedy the situation.
For example:
a) one of your employees was wholly responsible for the dishonesty and was dismissed when it came to light; or
b) a migrant was paid the wrong salary because of a problem with your payroll system but this was put right as soon as possible.
Q. What happens to my sponsored migrants if my licence is revoked?
A: If UKVI revokes your licence, they will:
Immediately end (curtail) the permission to stay in the UK, or worker authorisation of any migrants whom they believe were actively involved (complicit) in any dishonesty e.g. if the migrant agreed that you would arrange a non-existent job for them so they could come to the UK.
Reduce the length of the worker authorisation, or permission to stay in the UK of any other migrants (those who were not actively involved) to 60 calendar days. This is to give the migrant a chance to find a new sponsor. If the migrant has less than 60 days of their leave or worker authorisation remaining, it will not be reduced.
Q: If our licence is revoked, can we apply again?
A: Once your licence has been revoked you cannot make a further application for a sponsor licence for a period of six months from the date your licence was revoked. If you do make an application before that six month period has passed, it will be refused. The only exception to this is if your licence was revoked in error. If this happens we will contact you to make arrangements for it to be reinstated.
Content within this section was last checked 10 October 2023
SOC CODES
Q: What is a SOC code?
A: A SOC is a Standard Occupational Classification; it is a four digit code. Appendix Skilled Occupations lists all the SOC codes that are eligible for sponsorship, and the rates of pay requirements for each occupation. Sponsorship is always under a specific SOC code, so it is important to know what is required of the particular SOC code for which you are sponsoring. The role of the sponsor (i.e. your company) is to find the SOC code within that guidance which is the nearest match.
Q: How do you decide which SOC code is applicable?
A: UKVI expect you to look at typical job titles, job duties etc and decide upon the most appropriate classification. The ONS coding tool is a useful starting point; enter the job title into this database and it will bring up a list of potential SOC codes. You can expand each one to see the job duties normally found within each classification. If there are two codes which could be applicable, we recommend you copy the specific duties from your job description it an excel spreadsheet, and then work through each possible soc code (listed in a column) comparing each to your job description and marking when a SOC code covers a duty. At the end of this exercise the best match will be clear, and you can file the document to keep as your justification should UKVI question your decision.
SALARY
Q: What if the post we are recruiting for does not satisfy the wage level for the relevant SOC code?
A: In order to be able to assign a certificate of sponsorship, the salary typically must be either £26,200 per annum or the minimum rate for the job as set out in Appendix Skilled Occupations - whichever is higher. If the salary does not meet this threshold, the role is not eligible for sponsorship and a certificate of sponsorship cannot be assigned. For most jobs there are two pay thresholds. The lower pay threshold is for ‘new entrants’; the other pay threshold is for ‘experienced’ workers. If an individual qualifies as a ‘new entrant’, you must pay whichever is the higher of £20,960 per year or the appropriate ‘new entrant’ rate specified in Appendix Skilled Occupations (option 'E' or 70% of the going rate).
Q: Is there an age limit in order to be eligible to be classed as a new entrant for a position, and therefore to be paid at the lower rate?
A: Ordinarily the standard going rate should be paid, unless someone is in the early part of their career. With the introduction of the new Skilled Worker Route, UKVI clarified that to be considered a ‘new entrant’ the applicant must meet one of the following criteria:
be switching from the Student or Graduate routes;
be under the age of 26 on the date of the application;
the job offer is for a postdoctoral position; or
the job offer is in a UK regulated profession and the applicant is working towards full registration or chartered status with the relevant professional body.
Q: What if the contract is not a full year so the salary, what should we state as the rate of pay?
A: Where the sponsored worker will be in the UK for less than 12 months, the rate of pay must be based on an annual salary. For example, earnings of £15,000 on a 6-month contract would add up to an annual salary of £30,000. As long as this is over the threshold for the SOC as listed within Appendix Skilled Occupations, this would be acceptable for assigning a certificate of sponsorship.
TRADEABLE POINTS
Q: Can you clarify about tradeable points?
A: For individuals who wish to work in the UK under the Skilled Worker route, a total of 70 points are needed to apply. All applicants must demonstrate they have a job offer from an approved sponsor which scores 20 points; if the proposed role is at the required skill level this scores another 20 points, and if the candidate can show they speak English to the required level they will score 10 points. Combined, these total 50 out of the 70 points.
The further 20 points required can be gained by either meeting the general minimum gross annual salary threshold of £26,200 or by using tradeable points where the salary is less than £26,200 (but at least £20,960). Note however that the minimum salary thresholds under the SOC code will still apply. In certain instances, the minimum salary required by the relevant SOC code will be higher than the general threshold, and therefore this higher rate must be met.
Requirements to score tradeable points are outlined in the Guidance for Sponsors; they include factors such as shortage occupation, PhD level roles at a certain salary level, STEM PhD roles.
Q: Are there any future pitfalls to consider for either the employee or us as their sponsor, if we use tradeable points?
A: Tradeable points will not apply for indefinite leave to remain (ILR) applications, meaning that during the course of their visa, an applicant will need to have had sufficient pay increases to meet the minimum salary level at the time of the ILR application. ILR applicants now have to be earning a minimum gross annual salary of £26,200 or at least the SOC code rate, whichever is higher.
Q: What are PhD Tradeable Points?
A: PhD tradeable points are in fact only going to be relevant should you be paying less that the salary threshold (either going rate or new entrant rate, depending on the individual). Appendix Skilled Occupations provides Option B and Option C for lower salary thresholds, where the sponsored worker has a PhD which is relevant to the job (option B is any PhD, option C is a PhD in a STEM subject and therefore enables a lower salary). Individuals will only be eligible for tradeable points for holding a PhD if they are applying to be sponsored in a SOC code which Appendix Skilled Occupations confirms is eligible for PhD points. The sponsor will need to tick the box on the certificate of sponsorship to confirm that the worker is claiming points for a PhD qualification that is relevant to the job. If this box is ticked, you must then provide an explanation of how the PhD is relevant to the role.
CONTRACTS
Q: We wish to offer a permanent contract to a candidate on a visa - should this be a fixed term or a permanent contract?
A: We have always gone on the basis that you should use the same contract as you would for a non visa national. Tying type of contract and visa status does not give any advantage (as a permanent contract is likely to say "subject to continued right to work in the UK), and potentially causes problems if people are given different contracts for the same role (it could be discriminatory). This is useful guidance from UKVI: Avoiding Unlawful Discrimination While Preventing Illegal Working. It states:
'Once a person who has time-limited permission to stay in the UK has established their initial and on-going entitlement to work, they should not be treated less favourably during their employment, including the terms of their employment, opportunities for training, promotion or transfer, benefits, facilities or services, or by dismissing the worker or subjecting them to some other detriment, other than further right to work checks as prescribed in the guidance and ‘Code of practice on preventing illegal working: civil penalty scheme for employers’.
GENUINE VACANCY/ RLMT
Q: What is the resident labour market test?
A: The RLMT was a key part of the Tier 2 system, to protect the UK settled workforce. It meant that you were required to advertise the job you wanted to recruit for, in order to give settled workers a chance to apply. You could only recruit a migrant if you had completed a resident labour market test and could show that no suitable settled worker was available to fill the job, or if the job is exempt from the resident labour market test. For more information see our RLMT article.
Q: When is the resident labour market test not required?
A: The resident labour market test is no longer required in the Skilled Worker route. This means you do not have to recruit a settled worker if they are able to do the job. However, you must still keep evidence of the recruitment process, advertising etc. as per Appendix D.
ATAS
Q: Is there any way to submit a COS prior to receiving ATAS outcome?
A: Yes, you can assign a CoS before the ATAS certificate is received, however you need to keep in mind that the visa application should not be submitted before the ATAS certificate is received. This adds complexity to when you assign a CoS. A CoS is valid for three months, so once the CoS is assigned you need to be confident that the indivdiual will use it for their Skilled Worker visa application within that 3-month window. ATAS certificates are currently taking significant time to process, so we would advise holding off assigning the CoS until you know the ATAS certificate has been issued.
Q: An employee has applied for their visa extension, however they have not received their ATAS certificate. Are we still able to complete the employer check without an application reference?
A: Yes you will be able to use the employer checking service to confirm there is a new visa application in motion and their right to work is ongoing whilst that is being processed. ATAS certificates are proving to be a delicate tightrope in terms of timings for Skilled Worker applicants - in order to maintain the right to work, the visa application must be submitted before the expiry date of their current visa. Simultaneously, the individual should not submit their visa extension application until they have received their ATAS certificate; if they have not received this by the time the visa is considered by a caseworker, the visa application will be refused. Our advice is to apply for the ATAS far ahead of the visa application (ATAS requests are currently taking months to process).
Content within this section was last updated 10 October 2023
Q: What is a certificate of sponsorship?
A: A CoS is not an actual certificate or a paper document; it is a virtual document similar to a database record. A CoS is a unique reference number and contains information about the sponsorship and the applicant's personal details. This reference number is entered onto the individual's visa application.
DEFINED vs UNDEFINED
Q: What is the difference between defined and undefined certificates of sponsorship?
A: Defined certificates are for new employees coming from outside the UK. Sponsors apply for these as and when they are needed (i.e. they do not come out of your annual allocation of CoS), and submit and application that is reviewed by UKVI. If approved, the certificate of sponsorship is added as an additional certificate to the sponsor's usual allocation; this is prepopulated with the sponsorship details you provided. It is 'defined' because it is specifically for a job that has been defined within your application.
Undefined certificates are typically for individuals switching visa (e.g. they are in the UK already on a Student visa and wish to switch to sponsored Skilled Worker); changes of employment (e.g. they are in the UK sponsored by another company and wish to move to your organisation); or visa extensions (for current sponsored staff). Undefined certificates are renewed on an annual basis; you can ask for more 'in year' - it can take time for these to be approved so it is worthwhile planning ahead for any known extensions for current staff or international recruitment etc.
Q: What information is required to apply for a defined certificate of sponsorship?
A: The application for a defined CoS is based on the specific details of the job; there is no link to an individual at the point of initial application. The information required is: Job Title; SOC code; Gross Annual Salary; Start Date; End Date.
Q: Is there a charge for a defined certificate of sponsorship?
A: There is no charge to apply for a defined CoS. However, once you are granted the certificate, it is subject to the usual £249 charge (this has increased from £199 since 04 October 2023) to assign the CoS to an individual (as per undefined CoS).
TIMESCALES
Q: What if an individual does not apply for their visa before the certificate of sponsorship expires?
A: The certificate of sponsorship will expire after 3 months of being assigned to an indivdiual, if not used for a visa application within that time. If an applicant submits a visa application using a certificate of sponsorship which has expired, the visa application will be refused. N.B. the indivdiual will not be refunded their (significant) application fees if the applicaiton is refused.
Q: Once a certificate of sponsorship is assigned, is the individual legally able to work in the UK?
A: If the individual was already in the UK on a different visa, their conditions associated with that visa will be extended until a decision is made on their new visa application. They therefore may be able to start work for you, providing the conditions of that visa permitted them to do so. You can do a check either on the Employer Checking Service or the Home Office online system (if the individual provides you with a share code). A check from either of those systems will provide you with a temporary statutory excuse against a penalty (for 6 months only). You must do a full right to work check once the visa is approved (or repeat the temporary check if a visa decision has not been made after 6 months).
Q: The certificate of sponsorship end date is earlier than the Skilled Worker visa expiry date. What date can our employee legally work until?
A: An individual is legally able to work (provided the work is the role for which their visa was issued) up until the end date of their visa. Individuals are typically granted extra time at the end of their visa (for Skilled Worker visa holders this is typically two weeks after the date of their certificate of sponsorship) to enable them to arrange their departure from the UK. This extra time is valid leave and they therefore still have the right to work during this period.
COS DETAILS
Q: What salary do we enter onto the certificate of sponsorship, if it is a short fixed term contract?
A: Where the individual will be working on a contract for less than 12 months, the rate of pay must be based on an annual salary. For example, earnings of £15,000 on a 6-month contract would add up to an annual salary of £30,000.
Q: How can I change the details on a certificate of sponsorship?
A: You can use the 'sponsor note' field on the Sponsorship Management System to amend minor errors identified after the CoS has been created. Examples of acceptable amendments are corrections to a mistyped name or the date of birth. If the main details are incorrect, you must cancel the CoS and assign a new one, to ensure the details match those on the migrant's visa application. You must do this, for example, if the SOC code or Tier/ Category is incorrect, or if more than one of the identifiable details need to be changed (e.g. full change of birth and nationality/ or surname and date of birth. If you assign a new CoS, the relevant fee will be charged again.
N.B. the sponsor note field can only be used to notify changes on a live CoS. Also, a Level 2 user will only be able to search for those live CoS which they have assigned themselves.
Q: Can we cancel or withdraw a certificate of sponsorship?
A: Yes, you can withdraw at any time on the Sponsorship Management System. It will need to be a Level 1 User that does this.
VISA EXTENSIONS
Q: What are the timescales for visa extensions?
A: A visa extension application should typically be made within the last 28 days of the visa validity (see next question). We would therefore advise that if you wish to extend the sponsorship of an employee, you assign the extension certificate of sponsorship no earlier than the last three months of the visa expiry date. This is because the CoS is valid for three months, and will ensure the CoS is valid at the time that the individual can apply to renew their visa.
Q: Why should a visa extension typically be made within the last 28 days of validity?
A: If an application for an extension is submitted before this time, it is likely to be accepted (there can be good reasons for an early extension), however if someone applies too early they run the risk of losing their time at the end of the current visa which can be important for eligibility for Indefinite Leave to Remain. Losing a portion of time at the end of a visa creates a risk of being short of the 5-year residency requirement, should the individual wish to apply for Indefinite Leave to Remain. To put this into context, if I have a 2.5 year spouse visa, and I apply for an extension after 2 years 3 months and am granted another 2.5 years, then my residency will reach 4 years 8 months. I am only eligible to apply for Indefinite Leave to Remain once I reach five years residency, so I will have to apply for another visa extension.
Q. How long we should assign a certificate of sponsorship for a visa extension for?
A: These are the considerations surrounding visa extensions:
An individual can apply for indefinite leave to remain (should they so wish) after five years residence in the UK on a visa which counts towards residency. For example time spent on a Skilled Worker visa counts towards residency, time spent on a Student or Graduate visa does not count.
The length of sponsorship will impact upon the length of visa granted.
The longer you ask for, the more expensive, but you do need to ensure there is a cushion of time so the individual can meet the requirements for Indefinite Leave. You also need to consider timings. The certificate of sponsorship you assign for an extension will have a three month validity; however, you need to ensure the individual does not apply too early. The ideal time is normally 28 days before visa expiry. One of the reasons this is important is that if they were approved a 12-month extension too early, they could be a month short of the time needed for Indefinite Leave to Remain application.
Q: On the UKVI website it now says a visa for a Skilled Sorker can last up to 5 years and this can be extended as many times as required, provided the worker still meets the eligibility requirements. So, as a Skilled Worker sponsor we could sponsor an individual for as long as we like (i.e. longer than 6 years) without them having to apply for settlement?
A: This is one of the changes that has only been discovered through use of the new system. Prior to December 2020 the rules specifically stated that the maximum time allowed on Tier 2 was 6 years (unless ICT). The new rules do not state a time limit. That said, we would still advise people to secure their status by applying for Indefinite Leave as soon as they are eligible, because time limits could always be reintroduced in the future.
Q: When assigning a CoS for a visa extension, if the employee has changed their job title (e.g. from Software Developer to Senior Software Developer), and had a salary increase from when they started, would this impact upon anything?
A: Ordinarily the change of job title should have been reported when it became effective. If not, then it is important to move the person on to the correct job title when issuing COS for an extension, especially if this would result in a different SOC code. These are the factors to consider to determine how significant the change is:
Salary change - in percentage terms, how much did the salary increase on promotion?
When did the promotion take place? (If some time ago then it might be that it should have been reported to UKVI - in which case this may alert them to a breach of sponsor duties by informing of the change now, so this is something to bear in mind)
How much did the job change? In this example, what is the difference between the role/duties of a software developer and a senior software developer?
Would the role stay within the same SOC code as used for the original certificate of sponsorship?
REPORTING
Q: We have a sponsored employee in the business whose Skilled Worker visa expires at the end of July. She has just been granted Indefinite Leave to Remain and is awaiting her BRP. How and when would you suggest we report this change on the Sponsorship Management System?
A: On the SMS you can select “Sponsor no longer sponsoring migrant” category, and then select the drop down “Migrant moved immigration categories”. You will be required to select an effective date; this will be the date the ILR is valid from. You can find this as the date of the letter confirming ILR, or as the start date of the BRP.
Q: It is alleged than an employee who is on a Skilled Worker visa has breached their visa conditions by taking up work as a cleaner during their contracted working hours. We are going to investigate this under our disciplinary policy, so at the moment it is just allegations, but we find the allegations to be true, do we would have to report this to UKVI?
A: Yes, it would be a breach of her visa conditions to be employed as a cleaner. Supplementary employment is allowed, but only in a similar job to the sponsored work.
Q: If an employee leaves their job who is sponsored on a Skilled Worker/Tier 2 visa, how do I cancel their sponsorship?
A: You will need to log into the sponsorship management system and under the ‘workers’ menu you should see the option to report on migrant activity. Search for the relevant person, then choose from the dropdown for the appropriate action (e.g., stops sponsoring individual) and then add detail (e.g., last date of employment) into the free text box.
Q: We have a sponsored worker who resigned and their last day of employment is 3 November, which is also the last day of their current skilled worker visa. However, their sponsorship end date on the COS was 22 October 2022, and an extension was not requested. Can I check that this is ok, as she is on working notice? How should I update the SMS system to ensure we are fully compliant?
A: An individual is allowed to work until the end date of their visa (the date on their BRP or digital status). The end date on the CoS does not affect their right to work or their immigration status. Individuals are typically granted extra time at the end of their visa (for Skilled Worker visa holders this is typically two weeks after the date of their certificate of sponsorship) to enable them to arrange their departure from the UK. This extra time is valid leave and they therefore still have the right to work during this period. No reporting is necessary in this instance as the individual is leaving in line with the end of their sponsorship.
Q: We have a sponsored employee on maternity leave; and during this period of leave they have returned to their home country. How long are they allowed to be out of the country/are there any restrictions? Do we need to inform UKVI of this extended holiday?
A: There is no issue with time out of the UK, however it can have consequences for Indefinite Leave to Remain in the future. The other issue to be aware of is regarding salary thresholds - if their salary decreases due to maternity pay, that needs reporting to UKVI, and it will need reporting when it increases again too.
Q: How many days a sponsored Skilled Worker can be out of the country per annum? Or over the 5 years?
A: Whilst on the Skilled Worker visa there are no defined timeframes for being in or out of the UK. The two areas to be aware of are complying with sponsor duties and the impact on future visas:
Sponsor Duties
As a sponsor you are responsible for your skilled worker who is expected to be based in the UK. Annual leave and business travel are therefore permitted, but the difficulty arises when they are away for extended periods especially if working abroad / remotely. You are required to be aware of them turning up for work, being absent and continuing to do the work they were sponsored for. By and large this is a line manager issue, but if, for example, a member of staff was off sick whilst abroad, would you know? And would it get reported to UKVI if it was necessary? There needs to be processes in place to enable you to meet your sponsor duties.
Future Impact
Regarding the amount of time out of the UK, if someone is spending more than 180 days out of the UK in a 12-month period, they may make themselves ineligible for Indefinite Leave to Remain. There are also potential tax issues, and if the person was absent long enough not to pay UK tax, UKVI may question if they are really based in the UK.
For further informaiton, after obtaining Indefinite Leave to Remain, if the person wishes to naturalise as a British Citizen, the permitted absence reduces to 90 days in any 12-month period.
PROMOTION/ ROLE CHANGES
Q: Does a promotion impact upon sponsorship?
A: There are various factors to consider when a sponsored employee is promoted. Firstly, does the new role fall within the same SOC code (Standard Occupation Classification)? If there is a change of SOC code, then a new certificate of sponsorship would be required, meaning a new visa application for the individual. Other factors to consider are a change in salary and job title; these are circumstances which must be reported to UKVI using the Sponsorship Management System. This is a simple process; within the Sponsorship Management System pull up the relevant certificate of sponorship for the promoted individual. Select 'Report New Activity' and 'Significant Change in Circumstances'. Select Promotion and enter details of promotion (i.e. effective date, salary, this is an expansion of duties rather than a change of duties).
Q: If a sponsored worker wishes to reduce their hours, will this be a problem?
A: If the individual's annual salary reduces to a lower rate than originally stated on their CoS, the new salary must meet the current appropriate rate requirements as listed within Appendix Skilled Occupations. If the new rate is below the appropriate rate, you cannot continue to sponsor them and you must report this to UKVI via the Sponsorship Management System.
Q: When assigning a CoS for a visa extension, if the employee has changed their job title (e.g. from Software Developer to Senior Software Developer), and had a salary increase from when they started, would this impact upon anything?
A: Ordinarily the change of job title should have been reported when it became effective. If not, then it is important to move the person on to the correct job title when issuing COS for an extension, especially if this would result in a different SOC code. These are the factors to consider to determine how significant the change is:
Salary change - in percentage terms, how much did the salary increase on promotion?
When did the promotion take place? (If some time ago then it might be that it should have been reported to UKVI - in which case this may alert them to a breach of sponsor duties by informing of the change now, so this is something to bear in mind)
How much did the job change? In this example, what is the difference between the role/duties of a software developer and a senior software developer?
Would the role stay within the same SOC code as used for the original certificate of sponsorship?
STUDENT VISA
Q. Is the Immigration Skills Charge not applicable to anyone on a Student visa who is switching to Skilled Worker?
A: This is correct. A sponsor will not be liable for the (significant!) Immigration Skills Charge (ISC) if they are assigning a certificate of sponsorship to an individual who currently has a Student visa. When you assign the CoS, you will select the immigration category 'Graduate in Tier 4/Student route, switching to Skilled Worker'. This will mean you are automatically exempt from the skills charge. This could mean a saving of £5000 if you are classed as a large sponsor, and are sponsoring for a 5-year period.
Q. We have a new recruit who currently has a Student visa and we will sponsor them on Skilled Worker. When can they start working full time for us?
A: All student work restrictions remain in place until they submit their application for the Skilled Worker visa (i.e they can work full time when it is the institution holidays (but not in a full time permanent position) or when they have completed their studies, otherwise it is 20 hours per week during term time). Once the Skilled Worker visa application has been submitted, the candidate is then entitled to work full time without restriction (i.e. they can then start an permanent full time position), up to three months before the course completion date. The course completion date can be found by asking the indivdiual for evidence of their CAS (Confirmation of Acceptance of Studies) - this is similar to a Certificate of Sponsorship in that it is issued by the sponsor in order to support the Student visa application, and it will have this date written within the data.
All other student visa restrictions remain until the Skilled Worker visa is approved.
Q. A new recruit who currently holds a Student visa and is going to switch into the Graduate visa - when can they start working full time?
A: As above, all student work restrictions remain in place until they submit their application for the Graduate visa (i.e they can work full time when it is the institution holidays - but not in a "full time permanent position" - or when they have completed their studies, otherwise it is 20 hours per week during term time). Once the Graduate visa application has been submitted, the candidate is then entitled to work full time without restriction (i.e. they can then start an permanent full time position), once they have completed their studies.
GRADUATE VISA
Q: We have an employee on a Student visa and they are applying for a Graduate visa. What due diligence do we need to do once they get their visa? Also are you aware of any limitations this visa might have that we would need to be conscious of, whether on a fixed term contract or permanent employee. For example, if we made the role permanent what happens at the end of the 2 years on the Graduate visa, will we be able to terminate their contract with no risks?
A: The Graduate visa allows the holder to do any type of work for any employer, it is not tied to a specific job in the same way that a sponsored skilled worker visa is, so it gives great flexibility. It is valid for 2 years, after which the holder will need to move to a different kind of visa (the Graduate visa is a once in a lifetime visa and is not extendable). You could offer to sponsor as a Skilled Worker (if the role is eligible) and the person could switch into this category at any time; you do not need to wait until the end of the Graduate visa.
Regarding contract type, you should not vary the contract type based on immigration status; a non-UK national should be on the same type of contract as a UK national would be in the circumstances. If you use a permanent contract, you must ensure it specifies that the person needs to maintain their right to work in the UK. This then allows an employer to terminate the contract, should the employee no longer have the right to work at the end of their Graduate visa.
Some other considerations for you and the individual - time spent on a Graduate visa does not count towards the 5-year residency requirement for Indefinite Leave to Remain. Should they have future intentions to settle in the UK permanently, it may be preferable to sponsor them now as a Skilled Worker (as time spent on this visa will count towards the 5-year residency requirements and they will be eligible to settle in the UK earlier).
Also, should you sponsor the individual at this stage (i.e. whilst on a Student visa rather than a Graduate visa) then you as the sponsor will not be liable for the Immigration Skills Charge (ISC); this could save your organisation a significant amount of money. When an individual is being sponsored to switch from a Graduate visa, the sponsor will need to pay the ISC, whereas for any Student visa holder being sponsored to switch into the Skilled Worker route, there is an exemption from the ISC.
GLOBAL TALENT VISA
Q: What is a Global Talent Visa?
A: This is a visa for individuals who are leaders (or potential leaders) in the fields of academia, research, digital tech or arts and culture. The visa is more flexible for the individual; they can use it to work for any relevant employer whereas a skilled worker visa ties them to a specific job. To qualify for the visa, the individual needs an endorsement or to have won an eligible award. More information can be found here for researchers and here from the Royal Society. The Global Talent visa does not involve employer sponsorship. You may be required to provide a letter (see below question) in order to support the application, but that is the extent of the involvement from the employer.
Q: What is the process of obtaining a Global Talent Visa?
A: The two stages are endorsement (if an eligible award is not applicable) and visa application. The endorsement requires an application with supporting evidence - this will be the job description and a letter "a statement of guarantee" from the Director of HR at the company confirming the role and recruitment process for the appointment meet the relevant criteria of the immigration rules. These can be found here. The visa application is a similar process to any other immigration application: complete an application form; pay the fees; confirm your identity; upload supporting evidence (the JD and statement; proof of English; proof of ability to support yourself; etc).
Q: Are they any potential issues having a Global Talent Visa would cause for our company and the individual?
A: No. Many employers - particularly universities - are finding the Global Talent to be an easier and more flexible route than sponsoring as a Skilled Worker.
Q: What happens if an employee is sponsored on a Skilled Worker visa and their application for a Global Talent Visa gets rejected?
A: The Skilled Worker Visa will remain in place if the new application is refused.
Q. A sponsored Skilled Worker is considering switching to Global Talent; will this impact on their eligibility for Indefinite Leave to Remain?
A: Yes, in a good way! Anyone on a Global Talent visa will be eligible for ILR after 3 years on a Global Talent visa. Or, they can combine time spent in the UK on both Global Talent and Skilled Worker visas for the 5 year residency requirement, if this is quicker. For example, they may have spent 3 years on Skilled Worker and then 2 years on Global Talent, at which point they could apply for ILR.
Q: I am concerned the role of ‘Senior Research Fellow’ may not come under the category of ‘leader’ as in the explanation of what a Global Talent Visa is. Is there a way of checking in advance of applying for a Global Talent Visa?
A: This is the purpose of the endorsement - a third party making the decision. If they endorse, the visa will be approved. If there is no endorsement, the visa will be refused.
Q: When applying for the Global Talent Visa, will there be an issue if the job role was in August 2020 but the employee did not start until November 2021?
A: No, the Global Talent visa is based on the individual's knowledge and skills rather than timings of adverts, job offers etc.
SENIOR OR SPECIALIST WORKER (ICT)
Q: Is it possible to change from an ICT/ Senior or Specialist Worker Visa to Skilled Worker visa inside the UK?
A: Yes, it is possible to switch from Senior or Specialist Worker to Skilled Worker without having to leave the UK. If the person has been in the UK less than 12 months, they will need to take an English Language test (as this would not have been a requirement for the Senior or Specialist Worker visa, but it is for the Skilled Worker route, so the individual will need to prove their language capability).
INDEFINITE LEAVE TO REMAIN
Q: A sponsored employee wishes to apply for indefinite leave to remain; how many days are they permitted to have been outside the UK?
A: The rules state no more than 180 days of absence in any 12-month period for an ILR application. Absences more than this are most likely to result in a refusal (unless they occurred due to a COVID travel ban or similar - however even in these circumstances it is difficult to persuade UKVI of ongoing residency if there have been a lot of absences). This is a useful link regarding calculating absences from the UK.
Q: Can an employee apply for settlement if they have been here for over 5 years but have been on a Student visa for some of that time? They are currently on a Skilled Worker visa.
A: Any time spent on a student visa does not count towards the 5-year residency requirements. If they continue to remain in the UK on a Skilled Worker visa, they could be eligible to apply for ILR when they have completed the 5 years - not including the student visa.